One month after her son Michael Jr. drowned in a pool following an apparent seizure October 18, Hunter Tylo is changing her malpractice lawsuit against the social worker who treated him to a wrongful death claim, Us Weekly reports in its latest issue, on newsstands now.

The Bold and the Beautiful star, 45, is accusing Nevada-based therapist Shanna Downing of misdiagnosing the 19-year-old’s seizure disorder, which started affecting him at age 15, as “stress-related” and implanting “false memories.”

Does she have a case?

“If the patient is not cautioned by the therapist to continue with medical treatment, there could be negligence,” Santa Monica, California, criminal attorney Alec Rose tells Us. “But the ‘false memories’ claim will be difficult to prove.”